The Committee of Adjustment: Minor Variance Approvals
The Committee of Adjustment is appointed by the Municipal Council to make decisions on requested minor variances to the Municipal Zoning By-law, and to allow alterations to legal non-conforming uses and non-complying buildings and properties. The two alternatives the Committee of Adjustment considers in allowing some variations to the existing planning policies and by-laws are:
1. Minor Variances from the provisions of a zoning by-law:
If a minor variance is granted, a development can proceed without conforming exactly to the zoning by-law. Without minor variances, each time a proposed land use did not exactly meet the provisions of the zoning by-law, the applicant would have to undergo the more expensive and potentially lengthy process of a formal amendment to the zoning by-law.
2. Enlargement, extension or alteration of a legal non-conforming use of land, buildings or structures:
"Legal non-conforming use" refers to land, buildings or structures which exist before the enactment of a zoning by-law which controls the use of the land and buildings and regulates the height, bulk location, size, floor area, spacing, character and use of buildings or structures. When existing uses do not conform to the regulations in a new zoning by- law, their prior legal existence ensures their continuation as a lawful use. The intention is to allow the possibility of some variation to legal non-conforming uses without the much more elaborate requirements of a zoning by-law amendment.
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Key Steps
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Duration
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Review for Complete Application, Receive Application, Public Notice, Circulate to Agencies and Community Groups, Prepare Report for the Committee of Adjustment.
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5 Days
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Hearing held upon receipt of complete application
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Within 30 Days
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Notice of Hearing circulated to property owners within 60 metres.
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Minimum 10 Days prior to date of hearing
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Appeal Period (to Ontario Municipal Board)
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Within 20 days of date of decision
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Applicants Role and Responsibilities
Each person / agency has a defined role and responsibilities. An applicant can insure that their application moves as quickly through the process as possible if the applicant:
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Submits a "complete" minor variance application which conforms to the established policies at the local, county and provincial levels;
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Has formulated a proposal with an understanding of the existing by-law standards;
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Provides full and reasonable information throughout the process; and
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Sets out the purpose of the application, including an assessment of any impacts ( positive or negative) on the affected neighborhood, community and or municipality.
Evaluation Criteria
Applications are evaluated based on planning considerations established in provincial, county and local legislation and regulations. The Planning considerations for these are:
1. For Variances, the request must:
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Be Minor;
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Be desirable for the appropriate development or use of the land, building or structure; and
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Maintain the general intent and purpose of the zoning by-law and the Official Plan.
2. For Enlargement, Extension or Alteration of a legal non-conforming use of lands, buildings or structures, considerations are:
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The use has been continuous;
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The expansion is on the property originally owned;
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The application for enlargement/extension is for an addition and not for a new, separate building
Submission Requirements
Please consult with the Building & Development Services Department of the Municipality before submitting an application. This ensures all matters are addressed and that the application proceeds in a timely fashion. The basic submission requirements include:
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A completed application form and fee(s) Commercial $898.00; All Other Applications $706.00.
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Three (3) copies of sufficient plans, specification and documents relating to the application; and
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A survey/sketch for the subject property.
For further information on Minor Variance Application submission requirements, Meeting Notices, etc. please contact Linda Lonsdale or Nancy Serafini (519) 846-0265